Antim Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52331 of 2017 Arising Out of PS.Case No. -268 Year- 2016 Thana -WARSALIGANJ District- NAWADA ====================================================== Antim Kumar Son of Ghanshyam Singh, Resident of Village-Mai, P.S. Warisaliganj, District Nawada .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Devendra Prasad Singh For the informant : Mr. Birendra Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Warsaliganj P.S. Case No. 268 of 2016 instituted for the offence under Sections-302/201 of the Indian Penal Code.
It has been submitted that the name of this petitioner has come in confessional statement of co-accused Rahul Kumar and Rajeev Kumar Pandey.
The case of the prosecution in short is that on 11-11-2016 the informant's grand son namely, Ravishankar Kumar alias Bittu Kumar went to Nardiganj for giving examination but he did not return to his house till evening. The informant tried to make contact on mobile of his grandson (since deceased) but no reply came. After some time, information came from concerned police station on informant's mobile that his grandson (since deceased) is in Baghi Bardiha, Warsaliganj
Patna High Court Cr.Misc. No.52331 of 2017 (3) dt.21-11-2017 2/3 near a bridge and when he arrived there, he found the dead body of his grand son, of whom, both legs were cut and lying separately at different distance. It is also alleged that Rajiv Pandey took his grandson on motorcycle for giving examination and in returning, he stayed at Kadirganj Bazar for recharge of mobile where his relatives Arvind Singh saw both of them and as such, it was suspected that his grand son was murdered by unknown persons and to disappear the evidence both legs of his grandson were thrown hither and thither and front portion of dead body was thrown near Bhalua Bridge.
It is mentioned at paragraph-3 of the petition that the petitioner has no criminal antecedent. The other co-accused namely, Bharat Kumar with similar allegation has been granted anticipatory bail by this court vide order dated 25-08-2017 passed in Cr. Misc. No. 34897 of 2017.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Warsaliganj P.S. Case No. 268 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-II, Nawada subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the
Patna High Court Cr.Misc. No.52331 of 2017 (3) dt.21-11-2017 3/3 court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) A.K.V./- U T